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FAQ for Merchants
The EmpCo Directive and Sustainability Communication on Avocadostore Communicating sustainability transparently and legally
Transparency and credibility have always been core principles at Avocadostore. That's why products on our marketplace must meet at least one of our sustainability criteria, and their sustainable properties must be described in a comprehensible way.
The European Empowering Consumers Directive (EmpCo) (Directive (EU) 2024/825) has dramatically tightened requirements for sustainability communication across Europe. In Germany, these requirements have been transposed through the Third Act Amending the Act Against Unfair Competition (Federal Law Gazette 2026 I No. 43).
The aim of the new rules is to effectively protect consumers from misleading environmental claims ("greenwashing"). Violations of these rules are now legally prohibited as unfair commercial practices and can be subject to cease-and-desist warnings from competitors or consumer protection associations from the effective date in September 2026 onward.
This FAQ is intended to help you understand the changes to the Act Against Unfair Competition (UWG), minimize the risk of cease-and-desist warnings, and make your own product communication legally compliant.
Important note: This FAQ is for guidance purposes only and does not constitute legal advice. Legal responsibility for the permissibility of product information, sustainability claims, images, and other product data lies exclusively with the respective merchant.
What is EmpCo and when does it come into effect?
EmpCo is an EU directive that strictly regulates certain forms of sustainability communication. In Germany, it has already been transposed through the amendment to the UWG.
Important deadline: The new, stricter provisions of the UWG become binding on 27 September 2026. The legislator has not provided any transition or sell-off period for goods, packaging, or ongoing advertising campaigns already produced! This means that from this date onward, all texts and images available online must comply with the new rules.
What does this change mean specifically for me as a merchant?
EmpCo does not prohibit sustainability communication – but it demands absolute precision, verifiability, and honesty. The legislator has expanded the so-called "blacklist" of the UWG (Annex to Section 3(3)) to include specific prohibitions:
Ban on generic claims: Blanket terms such as "eco-friendly" or "sustainable" are prohibited without proof of a recognized outstanding environmental performance.
Ban on false whole-product claims: You may not advertise an environmental claim for the entire product if it actually only relates to a specific aspect (e.g., only the packaging).
Ban on offset-based claims: You may no longer advertise products as "climate-neutral" if this was only achieved through CO₂ offsetting.
Which claims are particularly in focus under EmpCo?
Particular attention applies to claims such as:
sustainable eco-friendly climate-friendly resource-conserving environmentally friendly green eco / öko climate-neutral CO₂-neutral CO₂-friendly nature-friendly fair environmentally conscious biodegradable bio-based ecological
Such terms can be understood very differently by consumers. It should therefore be as clear as possible what exactly the claim refers to.
May I still describe my product as "sustainable" or "eco-friendly"?
No, generally not as a blanket claim anymore.
Under the new UWG, generic environmental claims are prohibited unless you can prove a state-recognized "outstanding environmental performance" (e.g., through the official EU Ecolabel or the Blue Angel).
The golden rule for you: away from blanket terms, toward concrete facts! An explanation in body text is often no longer sufficient for generic terms.
Wrong (at risk of a cease-and-desist warning): "Sustainable T-shirt" or "Eco-friendly packaging"
Right (legally compliant): "T-shirt made from 100% GOTS-certified organic cotton" or "Packaging made from 100% recycled cardboard"
What's changing for "climate-neutral," "CO₂-neutral," and similar claims?
This is where the law is strictest: it will be prohibited to advertise a product as "climate-neutral," "CO₂-neutral," or "climate-positive" if this claim is based on offsetting greenhouse gas emissions (offsetting / purchasing CO₂ certificates).
Consumers must no longer be given the misleading impression that a product is emission-free in production just because the manufacturer subsequently plants trees or funds climate protection projects.
May I still advertise with CO₂ offsetting?
Yes, but not at the product or packaging level as a property of the product.
You may continue to transparently inform customers that your company supports climate protection projects. However, the wording must be absolutely precise and must not present the product itself as "neutral."
Prohibited: "Climate-neutral soap" (if this was achieved through offsetting).
Permitted: "We calculate our company's CO₂ emissions and support certified climate protection projects to the same extent."
What applies to future promises (e.g., "We will be climate-neutral by 2030")?
The new UWG (Section 5(3) No. 4) now also strictly regulates so-called future environmental claims. If you make such promises, you need a detailed, realistic implementation plan with measurable, time-bound targets. In addition, these targets must be regularly reviewed by independent experts and made accessible to consumers. Mere declarations of intent will no longer be permitted.
What requirements apply to sustainability seals and labels?
The German Environment Agency (Umweltbundesamt, UBA) found in its study (Texte 27/2025) that there are around 230 different sustainability seals on the market, which massively confuses consumers. The UWG (Annex No. 2a) now puts a stop to this.
This means for you:
Ban on self-created labels: Self-designed graphics, "green" logos, or self-awarded seals without independent third-party verification are illegal.
Permissibility of genuine seals: Only seals based on an official certification system or established by government bodies are still permitted. A certification system necessarily requires review by independent third parties (third-party audits). Permitted seals would include state seals such as the EU Organic logo, Grüner Knopf, and Blue Angel, as well as non-state seals such as GOTS, OEKO-TEX, IVN Best, GRS, RWS, Cradle to Cradle Certified, FSC, Fair Wear Foundation, Demeter, Bioland, etc.
Transparency obligation: If you display a seal, you should make it easily findable for customers which standards it is based on (e.g., by stating the certification number).
Does EmpCo also affect product images and graphics?
Yes. EmpCo covers all commercial communication. This includes product texts, packaging, advertising banners, and explicitly also product images, icons, and graphics. A green icon (e.g., a leaf or a green globe) on a product image is legally considered an environmental claim. Self-designed icons and badges in product images are already not permitted on Avocadostore in any case – please refrain from using them entirely.
What role do Avocadostore's sustainability criteria play?
Avocadostore's established sustainability criteria remain unchanged. Every product on our platform must continue to meet at least one of these criteria.
However, the change in the law requires you to critically review how you phrase these criteria in your product descriptions and specifications. Check whether your justifications are factual, specific, and free of generic marketing phrases.
What evidence should I keep on hand for sustainability claims?
You must be able to substantiate every claim made immediately and completely in the event of a review (e.g., by authorities or consumer protection organizations). Depending on the claim, keep the following documents ready:
Valid certificates from independent testing bodies
Material evidence and supplier confirmations
Technical documentation (e.g., for claims about biodegradability)
Official test and audit reports
Do I need to review existing product texts and older listings?
Yes, urgently. Since there is no transition period, the new UWG applies from 27 September 2026 to all listings accessible online at that time – regardless of when the products were originally listed.
We therefore strongly recommend that you review and adjust your existing product descriptions, bullet points, specifications, and images on Avocadostore right away.
Who is responsible for the legality of product communication?
Responsibility for the legal permissibility of product descriptions, images, sustainability claims, certificates, and other product information lies with the respective merchants or manufacturers.
Avocadostore provides information and guidance but cannot undertake a legal assessment of individual claims.
What should I do if I'm unsure?
Since violations of the new UWG can result in costly cease-and-desist warnings, we recommend:
Facts instead of marketing: When in doubt, avoid flowery environmental claims and state only the plain, certified product properties.
Seek legal advice: Have critical wording or packaging text reviewed by a law firm specializing in competition law or by your industry association.
Conclusion
The new competition law does not prohibit sustainability advertising – it protects honest merchants from unfair competition through greenwashing. For you as an Avocadostore merchant, this is an opportunity: since you already offer genuinely sustainable products, all you need to do is shift your communication from "general marketing phrases" to precise, verifiable facts and certified standards.